NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Organizer and Participant stipulate and agree as follows:
Participant acknowledges and agrees that it will observe and obey all posted rules and warnings, and further agrees to follow any oral instructions or directions given by Organizers, its employees, representative agents or anyone acting on its behalf, including, without limitation, the rules and regulations set forth on Exhibit A hereto. Participant acknowledges and agrees that there are certain inherent risks associated with the Events and Participant assumes full responsibility for any and all injury and damage to Participant whether to Participant or Participant's property of any kind, including, without limitation boats, tie-downs, anchoring systems, trailers, hitches, vehicles, fishing tackle, equipment and or electronics. Participant, on behalf of itself and all predecessors in interest, and each of its respective past, present and future officers, directors, attorneys, insurers, servants, representatives, employees, shareholders, subsidiaries, affiliates, participants, partners, predecessors, principals, agents, successors, assigns, family, heirs, executors, administers, personal representatives, and legal representatives, hereby releases and forever discharges Organizers and any of their past, present and future officers, directors, attorneys, insurers, servants, representatives, employees, shareholders, subsidiaries, affiliates, participants, partners, predecessors, principals, agents, servicers, successors, and assigns of and from any and all claims, defenses, demands, obligations, interests, suits, actions or causes of action, at law or in equity, whether arising by contract, statute, common law or otherwise, both direct and indirect, of whatsoever kind or nature, whether known or unknown, whether now existing or arising after the date of this Agreement, including without limitation, those arising out of or by reason of or in connection with Participant's participation in the Events or any acts, omissions, or conduct occurring in connection therewith. In addition, and notwithstanding anything to the contrary, Participant hereby waives all defenses and counterclaims against Organizers. Participant agrees to fully defend, indemnify and hold harmless Organizers from any and all losses and expenses, including, but not limited, to court costs and attorneys' fees, which they may sustain, suffer or be put to on account of Participant's participation in the Events. Participant agrees to pay for all damage caused by Participant to any and all of Organizers' property, including, without limitation, all personal and real property in connection with Participant's participation in the Events. This Agreement shall be binding upon and inure to the benefit of Organizers and Participant, their heirs, successors, representatives and assigns. This Agreement contains the entire agreement between Organizers and Participant and the terms of this Agreement shall be contractual and not mere recitals.